ROYO, ALDRIN EMMANUEL DELGADOBSCE200902145C

RULE VI - ARCADES AND SIDEWALKS

Pursuant to Section 1004 of the National Building Code (PD 1096), arcades shall be constructed on sidewalks of streets whenever required by existing building and zoning regulations. Subject to existing laws and regulations, the local planning authority shall determine which street shall have an open sidewalk or an arcaded sidewalk, or a combination of both, and the width and height thereof, according to the following:

1. Width of Sidewalks and Arcades

1.1 Sidewalks shall be of uniform width throughout the entire length of the street. The width of a sidewalk shall not be less than 1/6 of the road right-of-way.

1.1.1 The sidewalk pavement shall have a non-slip surface and shall slope down from the building line towards the curb line of not more than one in fifty (1/50) and shall level off with the curb. (See fig. 1)

1.1.2 Sidewalks of 2.00 meters or more in width shall include on its outer side a planting strip of not less than 800 millimeters in width, separating the curb from the sidewalk pavement. (See fig. 9)

1.2 All arcades shall be of uniform width throughout the entire length of the street within the block or from one street corner to another.

1.2.1 Arcades shall be cantilevered from the building line over the sidewalk, and the horizontal clearance between the curb line and the outmost face of any part of the arcade shall not be less than 500 millimeters. (See fig. 1 and 10)

1.2.2 Combined open and arcaded sidewalks shall be provided with a planting strip of not less than 800 millimeters in width as a separating strip between the arcaded portion and the open portion of the sidewalk. (See fig. 2)

2. Vertical Clearance of Arcade

2.1 The vertical clearance of arcades shall be uniform throughout the entire length of the street within the block or from one street corner to another. (See fig. 3)

2.2 The minimum vertical clearance of arcades shall be 3 meters and the maximum shall be 6 meters. (See fig. 1)

3. Grade of Sidewalks

3.1 Sidewalks shall, as much as possible, be level and of uniform grade throughout the entire length of the street.

3.2 Whenever the slope of the street does not exceed one in twelve (1/12) the sidewalk grade shall follow the level or slope of the street. (See fig. 4)

3.3 Whenever the slope of the street is one in ten (1/10) the sidewalk shall be maintained level for every 20 to 40 meters of run. Sidewalks of different levels shall be joined by means of a ramp having any convenient slope not exceeding one in six (1/6). (See fig. 6)

3.4 When the grade of two connecting sidewalks are between + one in 10 (+1/10) and + one in eight (+1/8), the two sidewalks shall be joined by means of a ramp having any convenient slope not exceeding one in ten (1/10).

4. Driveways, Entrances and Exits

4.1 Driveways Across Sidewalks

4.1.1 To maximize the use of the sidewalk area, the surface of the sidewalk and the driveway shall as much as possible, be at the same place. The entry ramp of the driveway connecting the roadway surface to the sidewalk surface shall have a slope ranging from one in three (1/3) to one in four (1/4). (See figs. 11 and 11-A)

4.1.2 Whenever the height of the curb is more than 200 millimeters, driveways may be constructed across the entire width of the sidewalk, provided that the driveway shall be joined to the sidewalk by means of a ramp of rough finish having a slope of not more than one in eight (1/8). The driveway and the ramp shall be made of the same materials as that of the sidewalk. (See figs. 11 and 11-A and 7)

4.1.3 Driveway underneath arcades may be allowed only underneath cantilevered arcades within the road right-of-way or underneath colonnaded arcades on private properties outside the road right-of-way. (See fig. 8)

4.2 Entrances and exits of buildings abutting sidewalks shall be made of either ramps or steps.

4.2.1 Entrance or exit ramps shall have a slope not exceeding one in ten (1/10). (Seefig. 5)

4.2.2 Entrance or exit ramps shall have treads of not less than 300 millimeters. The minimum number of steps shall be two (2) with risers not exceeding 100 millimeters.

4.2.3 No portion of either entrance or exit ramps or steps intrude into the sidewalk pavement.

5. Obstruction on SidewalkUnder no circumstances shall obstructions of any kind be allowed on sidewalks, whether open or arcaded.

RULE VII - ABATEMENT/DEMOLITION OF BUILDINGS

1. General Building Requirements

1.1 All buildings or structures as well as accessory facilities thereto shall conform in all respects to the principles of safe construction and must be suited to the purpose for which they are designed.

1.2 Buildings or structures intended to be used for the manufacture and/or production of any kind of article or product shall observe adequate environmental safeguards.

1.3 Buildings or structures and all parts thereof as well as all facilities found therein shall be maintained in safe, sanitary and good looking condition.

2. Site RequirementsThe land or site upon which will be constructed any building or structure, or any ancillary or auxiliary facility thereto, shall be sanitary, hygienic and safe. In the case of sites of buildings intended for use as human habitation or abode, the he same shall be at a safe distance, as determined by competent authorities, from streams or bodies of water and/or sources of air considered to be polluted; from a volcano or volcanic site and/or any other building considered to be a potential source of fire or explosion.

3. Dangerous Buildings or StructuresAny building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building or structure provided that such conditions or defects exist to the extent that life, health, property or safety of the public or its occupants are endangered.

3.1 Structural Hazards

3.1.1 Whenever any building or structure or portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before the catastrophe and is less than the minimum requirements of the National Structural Code for Buildings for new buildings of similar structure, purpose or location.

3.1.2 Whenever any portion or member or appurtenance thereof is likely to fall, or to become detached or dislodged or to collapse and thereby injure persons or damage property.

3.1.3 Whenever any portion of a building or structure, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specific in the National Structure Code for Buildings for such type of buildings.

3.1.4 Whenever any portion thereof has been wrecked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than in required in the case of similar new construction.

3.1.5 Whenever the building or structure, or any portion thereof, because of (1) dilapidation, deterioration or decay; (2) faulty construction; (3) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (4) the deterioration, decay or inadequacy of its foundation; or (5) any other cause, is likely to partially or totally collapse.

3.1.6 Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumbline passing through the center of gravity does not fall inside the middle one-third of the base.

3.1.7 Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its non-supporting members, enclosing or outside walls or coverings.

3.1.8 Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (1) an attractive nuisance to children; (2) a harbor for vagrants, criminals or immoral persons; or as to (3) enable persons to resort thereto for the purpose of committing unlawful or immoral acts.

3.1.9 Whenever any building or structure which, whether or not erected in accordance with all applicable laws or ordinances, has in any non-supporting part, member or portion, less than 50 percent or in any supporting part, member or portion less than 66 percent of the (1) strength; (2) fire-resisting qualities or characteristics; or

(3) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.

3.1.10 Whenever any portion of a building or structure remains on a site after the demolition of the building or structure or whenever any building or structure or portion thereof is abandoned for a period in excess of twelve (12) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

3.2 Fire Hazards

3.2.1 Any building or portion thereof, device, apparatus, equipment, combustible material, or vegetation which may cause fire or explosion, or provide a ready fuel or augment the spread and intensity of fire or explosion arising from any cause.

3.2.2 All buildings or portions thereof not provided with the required fire-resistive or fire-protective construction or fire-extinguishing systems or equipment.

3.2.3 Whenever any door, aisle, passageway, stairway, or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.

3.2.4 Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the Building Official to be a fire hazard.

3.3 Hazardous Electrical Wiring

3.3.1 All wiring systems or installations which do not conform to the rules and regulations embodies in the Philippine Electrical Code.

3.3.2 Inadequately maintained or improperly used electrical wiring, outlets, devices and/or equipment.

3.4 Hazardous Mechanical Installation

3.4.1 Mechanical systems or installations which do not conform to the rules and regulations embodied in the Mechanical Engineering Code of the Philippines

3.4.2 Inadequately maintained or improperly used mechanical outlets, devices and/or equipment.

3.4.3 Lack of improper operation of required ventilating equipment or air-conditioners.

3.5 Inadequate Sanitation and Health Facilities

3.5.1 All sanitary and plumbing systems or installations which do not conform to the rules and regulations embodied in the Code on Sanitation and the National Plumbing Code of the Philippines.

3.5.2 Inadequately maintained or improperly used sanitary and plumbing facilities.

3.5.3 Infestation of insects, vermin, or rodents and lack of adequate control for the same.

3.5.4 Lack of adequate garbage and rubbish storage and removal or disposal facilities.

3.5.5 Source of pollution.

3.6 Improper Occupancy and Architectural Eyesore

3.6.1 All buildings or portions thereof used or occupied for purposes other than their intended uses.

3.6.2 Inadequate parking space, as required.

3.6.3 Insufficient amount of natural light and ventilation due to inadequate open spaces such as courts, yards, and setbacks, as required.

3.6.4 Inadequate sizes of rooms and space dimensions and window openings.

3.6.5 Dilapidated, blighted and other unpresentable buildings or structures against generally accepted aesthetic standards.

3.7 Improper Location

3.7.1 All buildings or structures or portions thereof which do not conform to the approved land use and zoning plan.

3.7.2 Buildings located in highly volcanic, earthquake or floodprone areas or sites considered to be extremely dangerous.

3.8 Illegal ConstructionA building or structure shall be deemed to be an illegal construction when it is constructed, existing or is maintained in violation of any specific requirement or prohibition applicable to such building or structure as provided in the National Building Code; the building rules and regulations or in any law or ordinance of the city or municipality relating to the condition and location of the structure and building therein.

4. Abatement of Dangerous BuildingsPursuant to Section 215 of the NBC, when a building or structure is found or declared by the Building Official to be a nuisance is dangerous or ruinous, the Building Official shall order its repair, vacation or demolition depending upon the degree of danger to life, health, safety and/or well-being of the general public and its occupants.

5. Procedure for Demolition of BuildingsThe following steps shall be observed in the abatement/demolition of buildings under this Rule:

5.1 There must be a finding or declaration by the Building Official that the building or structure is a nuisance, ruinous or dangerous.

5.2 Written notice or advice shall be served upon the owner and occupant/s of such finding or declaration, giving him at least fifteen (15) days within which to vacate or cause to be vacated, repair, renovate, demolish and remove as the case may be, the nuisance, ruinous or dangerous building or structure or any part or portion thereof.

5.3 Within the fifteen-day period, the owner may, if he so desires, appeal to the Secretary the finding or declaration of the Building Official and ask that a re-inspection or reinvestigation of the building or structure be made.

5.4 If the appeal is meritorious the Secretary may designate a competent representative/s other than the Building Official to undertake the re-inspection or re-investigation of the building. The representative/s so designated shall make or complete his/their report within a period of thirty days from the date of termination of re-inspection or reinvestigation.

5.5 If after-re-inspection, the finding is the same as the original one, the Secretary thru the Building Official shall notify the owner, giving him not more than fifteen days from receipt of notice with affirmed finding to vacate or cause to be vacated and make the necessary repair, renovation, demolition and removal of the subject building or parts thereof, as the case may be.

5.6 The decision of the Secretary on the appeal shall be final.

5.7 Upon failure of the owner to comply with the Order of the Building Official or of the Secretary, in case of appeal, to repair, renovate, demolish and remove the building or any part thereof after fifteen days from the date of receipt of the Order, the Building Official shall cause the building or structure to be repaired, renovated, demolished and removed, partly or wholly, as the case may be, with all expenses therefor chargeable to the owner.

5.8 The building as repaired or in case of demolition, the building materials gathered after the demolition of the building shall be held by the Office of the Building Official until full reimbursement of the cost of repair, renovation, demolition and removal is made by the owner which, in no case, shall extend beyond thirty (30) days from the date of the completion of the repair, renovation, demolition and removal. After such period, said building materials of the building thus repaired, renovated or removed shall be sold at public auction to satisfy the claim of the Office of the Building Official. Any amount in excess of the claim of the government realized from the sale of the building and/or building materials shall be delivered to the owner.

6. Other RemediesThe procedures, actions and remedies provided herein are without prejudice to further action that may be taken by the Building Official against the owner/occupants of buildings or structures found or declared to be nuisance/s, dangerous, and/or ruinous under the provisions of Articles 482 and 694 to 707 of the Civil Code of the Philippines.